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Pca-Firearms-Report-2003.Pdf Police Complaints Authority Review of shootings by police in England and Wales from 1998 to 2001 THORITY REVIEW POLICE COMPLAINTS AUTHORITY Y REVIEW POLICE COMPLAINTS AUTHORITY REVIEW ICE COMPLAINTS AUTHORITY REVIEW THORITY REVIEW POLICE COMPLAINTS AUTHORITY REVIEW CE COMPLAINTS AUTHORITY REVIEW POLICE COMPLAINTS CE COMPLAINTS AUTHORITY NTS AUTHORITY REVIEWPOLICE COMPLAINTS AUTHORITY RE HORITY REVIEW POLICE COMPLAINTS AUTHORITY REVIEW REVIEW POLICE COMPLAINTS AUTHORITY REVIEW CE COMPLAINTS AUTHORITY REVIEW REVIEW POLICE COMPLAINTS AUTHORITY REVIEW E COMPLAINTS AUTHORITY REVIEW POLICE COMPLAINTS AU HORITY REVIEW E COMPLAINTS AUTHORITY REVIEW POLICE COMPLAINTS E COMPLAINTS AUTHORITY REVIEW TS AUTHORITY REVIEW POLICE COMPLAINTS AUTHORITY ORITY REVIEW POLICE COMPLAINTS AUTHORITY REVIEW EVIEW POLICE COMPLAINTS Police Complaints Authority Review of shootings by police in England and Wales from 1998 to 2001 Report to the Secretary of State for the Home Department by the Police Complaints Authority pursuant to S. 79(1) of the Police Act 1996 Ordered by The House of Commons to be printed 30 January 2003 HC.313 Sir, I have the honour to submit to you, in accordance with Section 79(1) of the Police Act 1996, a report requested by the Secretary of State into shootings by police in England and Wales from 1998 to 2001. I am, Sir Your obedient servant Sir Alistair Graham Chairman, Police Complaints Authority The Rt Hon David Blunkett, MP Secretary of State for the Home Department Preface This review was prepared by Alan Bailey1 (External Consultant to the PCA on the police use of firearms), Dr David Best (Head of Research at the PCA) and the two Deputy Chairmen of the PCA, Ian Bynoe and Wendy Towers. The constitution of the group was selected to ensure that expertise and experience in police use of firearms was combined with research expertise and with the managerial and policy perspective of the PCA membership. Additional input on individual cases and matters of technical expertise were obtained as required in the process of conducting the review. The authors would like to thank all those who contributed to the review by participating in interviews, providing written submissions, reviewing and editing earlier drafts of the report and by providing expert input around particular issues that arose during its preparation. Our thanks must also go to Her Majesty’s Inspectors of Constabulary, the Association of Chief Police Officers and Professor Geoffrey Alpert, University of South Carolina, for commenting on a number of drafts of the report. The review has used the available evidence to identify key issues for the police service from both individual cases and from a synthesis of the 24 cases included in the review. The methods have been mutually generative in that the questions addressed using statistical analyses have been based on simple data frequencies and the questions elicited from the expert analysis of cases. Although the methods are statistically sound, they are based on restricted data, and we see this work as the first stage in developing a comprehensive picture – a picture which will require, as we have recommended, a commitment to data collection and analysis from the police forces to this work. In particular, it is critical that firearms units collate more satisfactory information on incidents in which shots are not fired as a comparison group for contextualising the data collated in the review. The conclusions reached are extremely positive and would indicate that firearms units in England and Wales are highly professional. On the other hand, for lessons to be learned in a police service that is critical and reflective, it is essential that the review process is ongoing and based on sound empirical foundations. The recommendations from the Burrows review have not been implemented according to systematic criteria across forces and it is this process of review, revision and evaluation that is at the heart of the recommendations made in the current report. 1 Alan Bailey was a police officer for 30 years. During this time, he performed the roles of Authorised Firearms Officer, Tactical Advisor and Silver Firearms Commander. From 1998 until 2001 he was Head of the National Operations Faculty at Bramshill Police Staff College. He holds academic degrees in the management of firearms operations and has given expert witness evidence on firearms practice in criminal trials. Police Complaints Authority 1 Contents Preface 1 List of Tables 4 Glossary 5 Executive summary 6 Chapter One: Introduction 12 Chapter Two: Aims, rationale and method 20 Chapter Three: Family and key informant interviews 24 Chapter Four: Summaries of the cases included in the review 29 Chapter Five: Quantitative analysis of the 24 cases included in the review 56 Chapter Six: Learning the lessons 69 A. Management of the incident 73 B. Characteristics of the individuals shot 98 C. Post-incident issues 101 Chapter Seven: Conclusion 114 References 115 Appendix 1: Review recommendations 117 Appendix 2: Standardised pro forma used for analysis of PCA case files 124 Police Complaints Authority 3 List of tables Table 1: Classification of incidents in the Burrows Report 13 Table 2: Relationship between deployments, operations and police discharge of weapons between 1997 and 2001 21 Table 3: Summary of the cases involved in the review 58 Table 4: Possible explanatory factors in each of the 20 cases for which reports were available 59 Table 5: Analysis of shootings within the review classified as ‘rational’ 61 Table 6: Analysis of shootings within the review classified as ‘irrational’ 62 Table 7: Summary of the criminal and disciplinary proceedings and inquest verdicts from each of the review cases 67 Table 8: Number of incidents and number of authorised firearms officers in England and Wales, and in the MPS, 1997–2001 (Source – HMIC) 71 Table 9: Rates of shootings as a function of relevant demographic factors comparing the MPS and other forces in England and Wales 87 Table 10: Police shootings per 1,000 firearms operations in the MPS and other metropolitan forces 88 Table 11: Dates for the key events in the 20 cases in the review for which the investigation had been completed 102 4 Police Complaints Authority Glossary ACC Assistant Chief Constable ACPO Association of Chief Police Officers APA Association of Police Authorities ARV Armed Response Vehicle CPS Crown Prosecution Service ECHR European Convention on Human Rights ECtHR European Court of Human Rights FLO Family Liaison Officer HMIC Her Majesty’s Inspectors of Constabulary HRA Human Rights Act 1998 IO Investigating Officer IPCC Independent Police Complaints Commission MPS Metropolitan Police Service NGO Non Governmental Organisation NLEMF National Law Enforcement Memorial Fund PCA Police Complaints Authority PCCG Police Community Consultative Group PNC Police National Computer Principal officers Those officers who have fired or whose actions have altered the course of events at the scene of the shooting incident PSDB Police Scientific Development Branch PTSD Post-Traumatic Stress Disorder SIO Senior Investigating Officer SO19 Metropolitan Police Service Tactical Firearms Department Police Complaints Authority 5 Executive summary Background and Method This review was commissioned by the Rt Hon. John Denham MP, Minister of State at the Home Office under Section 79(1) of The Police Act 1996, with terms of reference requiring a review of: • The planning, control and conduct of operations; • The way in which the concerns of the bereaved families were addressed, and how they were kept informed of the progress of the investigation; and • The training and skill needs of the police officers involved in such operations, particularly at command level. The report follows a previous (unpublished) report examining the discharge of firearms by police between 1991 and 1993, known as the “Burrows Report” (ACPO in consultation with the PCA), which reviewed a total of 23 incidents referred to the PCA (eight of which were fatal). Seven of the incidents resulted from robberies, nine from domestic disputes and seven from ‘other incidents’, which did not lend to a natural classification. In three of the robberies, at least two of the domestic incidents and at least one of the other incidents, shots were fired by the suspect. Burrows concluded that the number of instances that could be regarded as ‘suicides by cop’ and the prevalence of alcohol, drugs and mental health factors among those shot were major concerns for the police. The more recent policy context for the review is the ACPO Manual of Guidance on Police Use of Firearms (January 2001), which takes into account Article 2 of the ECHR. This states that: “everyone’s right to life shall be protected by law”. Section 2.1 of the Manual provides that: “In deciding whether the action was ‘necessary in a democratic society’ it will be necessary to consider whether the action: a. fulfilled a pressing social need, and b. pursued a legitimate aim, and c. there was a reasonable relationship of proportionality between the means employed and the aim pursued.” 6 Police Complaints Authority The current review spans the period before and immediately after the introduction of the Act and seeks to address the broader question of what lessons have been learned, both since the Burrows Report and across the period under review. The review will outline each of the 24 firearms incidents, 11 fatal, referred to the PCA for supervision and accepted by the Authority between January 1998 and November 2001 in an attempt to address this question and those posed by the terms of reference outlined above. The methodology employed involved a combination of documentary analysis of the PCA case files supplemented by expert analysis, key informant interviews and information from some of the families of the 11 individuals who died as a result of the police shootings during this period. Results The forces involved in the cases were: • Metropolitan Police Service (11 cases); • Merseyside (3 cases); • Devon and Cornwall (2 cases); and • West Yorkshire, Bedfordshire, Surrey, Gwent, West Midlands, West Mercia, Derbyshire, Sussex (1 case each).
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